Allen v. US, No. 09-1350
In a medical malpractice action against the U.S. based on plaintiff's contraction of hepatitis at an Air Force hospital, summary judgment for defendant is affirmed where: 1) plaintiff's administrative charge did not make out a lack of informed consent claim, and as a result she failed to exhaust her administrative remedies as to that claim; and 2) the district court did not abuse its discretion by not sua sponte granting plaintiff a continuance to retain new counsel or an expert witness when she never made such a request.
Submitted: November 19, 2009
Filed: December 28, 2009
Opinion by Judge Murphy
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